The New York State Office of Court Administration issued guidance for housing court proceedings on Aug. 13. Governor Andrew Cuomo said he would extend the eviction moratorium until Sept. 5, but in a court memorandum, Chief Administrative Judge of the Courts Lawrence Marks further extended it until Oct. 1 for cases filed on or after March 17. The memorandum provides: ( 1) eviction proceedings filed on or after March 17, 2020 continue to be suspended; (2) cases filed before March 17 may proceed; (3) residential eviction cases filed before March 17 – including cases where a warrant of eviction has already issued but not been executed – must be conferenced before a judge before any further action is taken, and no outstanding or new residential warrants of eviction may be executed prior to October l, 2020; and (d) commercial evictions may proceed without a conference.
Housing advocacy groups want three pieces of legislation to pass, including S8667. which would extend the eviction and foreclosure moratorium until the “end of the state of emergency in the state of New York plus one full year.” (Currently, in committee).
Advocates are also calling for passage of the Rent and Mortgage Cancellation Act of 2020, which would provide relief from housing payments for renters and small homeowners during the COVID-19 public state of emergency, and until 90 days after the state of emergency ends. The bill would also authorize financial assistance for residential co-ops, affordable-housing providers or landlords who can demonstrate COVID-19-related hardship. (Referred to housing committee/no vote).
The third bill, S7628A, would provide housing vouchers for eligible individuals and families who are homeless, or who face an imminent loss of housing. The state’s Housing Trust Fund Corporation would oversee the program, which would begin October 1, and state and local public housing agencies would administer it. This bill is currently in the Senate Housing, Construction and Community Development Committee. (Currently, in committee)
It remains to be seen, when and if, the legislature will act and further clarify how evictions will proceed on the go forward. For any questions regarding this article, please contact Deborah Gallo, Director of Operations, as dgallo@friedmanvartolo.com.
